Character of
Property:
Parcel 15 E (.69 ac.) is not developed and is being used as a temporary
parking area (old stone structure recently razed). Parcel 15D contains
the existing Flow Auto dealership.

Use of Surrounding
Properties: The subject property
is surrounded by commercial uses, specifically other car dealerships on
either side of this site and across the street (Brown Toyota to the east
and Battlefield Ford/Jeep to the north, across Route 250 from this
site).

Factors Favorable:

Motor vehicle
sales use is a by-right use in the Highway Commercial District;

2.ARB
recommendation for approval (with conditions).

3.There
will be no detrimental impacts to the entrance corridor as recommended
by ARB.

Factors Unfavorable:

There are no
unfavorable factors.

RECOMMENDATION:
Staff
recommends approval with conditions.

STAFF
PERSON: David Benish

PLANNING COMMISSION
DATE: February 13, 2007

BOARD OF SUPERVISORS
DATE: March 14, 2007

UPDATE: Attachment B has been revised to correct a typographical error in the
parking calculations found on the version reviewed by the Planning Commission.
Consequently, Condition 2 has been modified to reflect the date of the revised
version of the site plan (Attachment B).

SP 2004-00050 Flow
Automotive, Volkswagen, Audi, Mazda

PETITION:

PROJECT: SP 2004-50, Flow Automotive,
Volkswagen-Audi-Mazda

PROPOSAL: Special Use Permit (SP) to
allow sales and display area associated with a proposal to expand the existing
Flow Auto dealership, including modifications to the existing building and
outside display, and the construction of a new auto dealership/showroom building
with new outdoor display area. A total of 46 outdoor vehicle display spaces are
provided on the combined sites.

The existing Flow Auto
building will be expanded and some reconfiguration of the outside vehicle
sales/display will take place. On the adjacent site, a new dealership/showroom
building and new outdoor vehicle sales/display area will be constructed. When
completed, the sites will function as one dealership (Flow Auto).

LOCATION: South side of Richmond Road
(Route 250), approximately 1060 feet east of its intersection with Riverbend
Road.

TAX MAP/PARCEL: TMP 78-58D and 58E

MAGISTERIAL DISTRICT:
Rivanna Magisterial District.

CHARACTER OF THE AREA

The area consists primarily
of retail uses, with this immediate stretch of Richmond Road consisting of auto
dealerships. The subject parcel is located on the south side of Route 250 East,
adjacent to the Brown Toyota dealership (to the east) and across the street from
Battlefield Ford (See Attachment A for a location map). To the west is the site
is the Crown BMW dealership. The ACSA headquarters and equipment storage is to
the south of the site.

One of the two parcels
associated with this request contains the existing Flow Auto dealership. The
second adjacent Parcel is currently vacant but has been cleared and previously
graded. A stone house was located on the parcel for many years. The house was
recently demolished and debris removed from the site (within the last 2 years).

SPECIFICS OF THE
PROPOSAL

The intent of the special
use permit requirement is to review the potential impacts to the Entrance
Corridor of the outdoor sales and display activity related to the dealership
operation. Other activities related to auto sales are considered by-right uses.
The ARB has reviewed this proposal for its impact on the Route 250 East Entrance
Corridor and had no objection to the request for the Special Use Permit with a
condition related to landscaping.

PLANNING AND
ZONING HISTORY

No prior planning/zoning
history exists for the adjacent site.

CONFORMITY WITH THE
COMPREHENSIVE PLAN

Land Use Plan-

The property is located in
Pantops Development Area (Neighborhood 3), and is designated Regional Service in
the current Land Use Plan. The purpose/intent of the Regional Service
designation noted in the Plan is to provide locations for highway related uses,
comparison shopping and specialized goods and services. Typical primary uses
include
regional-scale commercial uses,
and auto dealerships which typically include outdoor storage and display of
vehicles for sale.

Neighborhood Model-

The ordinance limits the
review of this Special Use Permit specifically to the impacts of the sales and
display activities to the Entrance Corridor. Therefore, this request is not
reviewed in regards to conformity to the Neighborhood Model.

STAFF COMMENT

Staff will address each
provision of Section 31.2.4.1 of the Zoning Ordinance as follows:

31.2.4.1: Special Use
Permits provided for in this ordinance may be issued upon a finding by the Board
of Supervisors that such use will not be of substantial detriment to adjacent
property, and that the character of the district will not be changed thereby,

The subject parcel is
located in the HC zoning district. The dominant character of the segment of the
Entrance Corridor in which the subject parcel resides is that of a dense
commercial strip. Many of the properties in this corridor have already been
developed as automobile dealerships with outdoor storage and display (as
described above under “Character of the Area”). The proposed use is compatible
with other existing auto dealers in the immediate vicinity.

that such use will be
in harmony with the purpose and intent of this ordinance,

According to section 30.6 of
the Zoning Ordinance, the intent of the EC Overlay District is, in part, to
ensure a quality of development that is compatible with the county’s important
scenic, architectural and cultural resources through the architectural control
of development. The ARB has applied the County’s adopted guidelines for
development within the EC to the review of this request and has recommended
approval with conditions.

with uses permitted
by-right in the district,

Although a special use
permit is required for the proposed modifications/additions to the outdoor sales
and display areas on these sites, this activity (sales/display area) is for an
accessory use to motor vehicle sales, which is already allowed by right within
the Highway Commercial (HC) zoning district. Other automobile dealerships exist
in the immediate vicinity. Therefore, the sales and display use is compatible
with other permitted and existing uses.

with the additional
regulations provided in section 5.0 of this ordinance,

There are no additional
regulations provided in section 5.0 of this ordinance related to vehicle storage
or display.

SUMMARY

The intent of the special
use permit requirement is based on potential impacts to the Entrance Corridors.
The ARB has reviewed this proposal for its impact on the Route 250 East Entrance
Corridor and had no objection to the request for the Special Use Permit provided
the site is adequately landscaped and operated consistent the conditions
recommended by the ARB (Attachment C).

Staff has identified the
following factors that are favorable to this request:

1. A motor vehicle sales
use is a by-right use in the Highway Commercial District and the proposed use is
accessory to that use;

2. The Architectural
Review Board has reviewed the request for outdoor storage and display and
recommends approval with conditions.

3. There are no detrimental
impacts to the Entrance Corridor, with conditions as recommended by the ARB.

Staff has identified no
unfavorable factors to this application.

The following factors are
relevant to this consideration:

1. There are several
automobile dealerships with outdoor sales/display of vehicles in the immediate
vicinity along the Route 250 East Entrance Corridor.

RECOMMENDED ACTION:

Based on the findings
contained in this staff report, Staff recommends approval of this special use
permit with the following conditions:

1.Vehicles shall
not be elevated anywhere on site.

2.Vehicles shall
be displayed only in areas indicated for display shown on the site plan entitled
“Flow Automotive,” prepared by the Collins Engineering, dated April 18,
2007.

3.Display
parking shall be only in designated striped parking spaces as identified on this
plan.

4.Final site
plan approval is subject to ARB approval of the landscape plan (submitted with
the site plan). Landscaping shown on the plan may be required to be in excess of
the minimum requirements of ARB guidelines or the Zoning Ordinance to compensate
for the negative visual impact of the proposed use, particularly regarding the
retaining wall on the west side of the property.

5.Final site
plan approval is subject to the recordation of easements for ingress/egress, as
well as the installation, maintenance and use of parking spaces, planter
islands, and landscaping on adjacent parcels (Tax Map 78, Parcels 15D and 15E).

6.Final site
plan approval is subject to ARB approval of the lighting plan (which shall be
submitted with the site plan). Maximum light levels on site shall not exceed 30
foot candles. Maximum spillover lighting requirements must also be met.